Jagannath Dutta Vs the State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

Jagannath Dutta Vs the State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of G.R. Case No.1682 of 2024 (arising out of Hura Police Station Case No.118 of 2024 dated 02.09.2024) pending before the learned Chief Judicial Magistrate, Purulia.

Issue for consideration

Whether the criminal proceeding arising from Hura Police Station Case No.118 of 2024 (G.R. Case No.1682 of 2024), alleging manufacture and sale of counterfeit JINDAL MARK TMT Bar products, may be quashed in view of the amicable settlement between the parties.

Court's answer

Since the parties entered into a genuine settlement, full payment with GST was made to opposite party no.2, and the complainant resolved not to adduce evidence, continuance of the 'facade trial' before the court below would be a mere abuse of the process of the Court and there is hardly any chance of conviction of the petitioner at the end of trial.

Ratio / Principle

Application CRR 4803 of 2025 along with connected CRAN 1 of 2025 is allowed, and the proceeding G.R. Case No.1682 of 2024 pending before the learned Chief Judicial Magistrate, Purulia stands quashed.

Detailed headnote1 paragraphs

Quashing of FIR — amicable settlement between parties — alleged counterfeiting of 'JINDAL MARK' TMT Bar products. By Hura P.S. Case No.118 of 2024 (02.09.2024), G.R. Case No.1682 of 2024 before the CJM, Purulia, the petitioner was alleged to have manufactured and sold counterfeit JINDAL MARK TMT Bars, deceiving consumers and infringing the exclusive rights of the complainant company; investigation showed sales outside West Bengal were made out of ignorance. The parties thereafter settled amicably, the entire payment along with GST was made to opposite party no.2, a joint application (CRAN 1 of 2025) was filed, and the complainant decided not to adduce evidence. Holding that continuance of such a 'facade trial' would be a mere abuse of the process of the Court with hardly any chance of conviction, the Court allowed CRR 4803 of 2025 with CRAN 1 of 2025 and quashed the proceeding. (Dr. Ajoy Kumar Mukherjee, J.; decided 28.11.2025)

28.11.2025 Sl. No.8. D/L. Mithun. Ct.No.29.

CRR/4803/2025 With IA No: CRAN 1 of 2025

Jagannath Dutta Vs.

The State of West Bengal & Anr.

Mr. Dattatreya Dutta

…for the petitioner

Mr. S. Sarkar

…for opposite party no.2.

Mr. Debasish Roy, Ld.P.P., Mr. Suman De,

Mr. Anand Keshari

…for the State

This is an application wherein petitioner has prayed for quashing of Hura Police Station Case No.118 of 2024 dated 02.09.2024 corresponding to G.R. Case No.1682 of 2024 presently pending before the learned Chief Judicial Magistrate, Purulia.

The allegation levelled against the petitioner is that the company of the complainant/opposite party is the authorized manufacturer and seller of JINDAL MARK TMT Bar products in West Bengal. Thereafter, it came to the knowledge of the opposite party no.2 that the petitioner’s company are illegally engaged in the manufacturing and sale of counterfeit JINDAL MARK TMT Bar products and thereby deceiving the consumers and infringing upon the exclusive rights held by the company of the opposite party no.2.

However, during investigation, it revealed that the petitioner unauthorisedly sold TMT Bar outside West Bengal due to ignorance that such product cannot be sold by them beyond the territory of the State.

2

Thereafter, the matter has been amicably settled and the entire payment along with GST has been made by the petitioner in favour of the opposite party no.2 and thereby they have amicably filed CRAN 1 of 2025 signed by both the parties.

From the aforesaid connected application it appears that both the parties have entered into a genuine settlement and the complainant had decided not to adduce evidence against the petitioner in support of the imputation levelled in the FIR.

In such circumstances, I find that the continuance of a facade trial before the Court below will be a mere abuse of the process of the Court. Furthermore, due to amicable settlement, there is hardly any chance of conviction of the present petitioner at the end of trial.

Having considered the above-mentioned facts and circumstances of the case, the application being CRR 4803 of 2025 along with CRAN 1 of 2025 are allowed.

The instant proceeding being G.R. Case No.1682 of 2024, presently pending before learned Chief Judicial Magistrate, Purulia is hereby quashed.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

( Dr. Ajoy Kumar Mukherjee, J. )